Does the U.S. Constitution guarantee a right to education? The Supreme Court declared that it does not in "San Antonio Independent School District v. Rodriguez," a 1973 case alleging that disparities in spending levels among Texas school districts violated students' constitutional rights. This issue's forum contains two essays. The first…

The federal government has been heavily involved in education since the mid-1960s, intervening in everything from early childhood education to graduate schooling. This paper lays out the principles that should govern federal involvement in seven specific areas and briefly examines the effects of Washington's policies. The areas are elementary and…

April 2015 marks the fiftieth anniversary of the Elementary and Secondary Education Act (ESEA), the landmark legislation that has provided the foundation of federal education policy in the United States. In "Presidents, Congress, and the Public Schools," longtime policy analyst Jack Jennings examines the evolution of federal education…

The federal government's role in PreK-12 education has long been contentious and continues to evolve. Many have written about education governance, but few have attempted to define an appropriate role for the federal government. That is the core purpose of this essay. The authors articulate a set of principles to guide the federal role in…

This report outlines the case for an education amendment to the US Constitution to reduce radical disparities in the allocation of resources and funds for the education of the nation's public school students. The report argues that an education amendment is the best way to fundamentally reform the "structural arrangements" that are…

In May 2005, university administrators were rudely awakened from their civic slumbers by a "notice of implementation" from the U.S. Department of Education. With little advance comment from the academy, Congress had passed and the President had signed into law a requirement that "each educational institution that receives Federal…

Examples in which federal legislation appears to have stepped beyond constitutional bounds in seeking to affect integral governmental functions and operations of the states. (Author/MLF)

The looming expiration of the federal No Child Left Behind Act (NCLB) has prompted a flood of commission reports, studies, and punditry. Virtually all of those analyses have assumed that the law should and will be reauthorized, disagreeing only over how it should be revised. They have accepted the law's premises without argument: that…

A preliminary overview of the constitutional issues in the relationship between higher education and federal regulation or control is offered. Reference is made to the Dartmouth College case and the views of Yale President Kingman Brewster, and to implications of Title IX regulations. (LBH)

This hearing contains testimony presented at a hearing conducted to investigate the legality of the President's early termination of the appointments of three members of the National Commission on Libraries and Information Science (NCLIS). On September 21, 1981, three NCLIS commissioners, Clara Jones, Frances Naftalin, and Joan Gross, received…

Arguments presented against securing computer programs by copyright are centered on the question of whether computer programs qualify under the U.S. Constitutional meaning as "works of authorship," which may be protected by copyright. The possibility that the protection of computer programs by copyright might have an undesirable impact…

This report illustrates a range of options for Congressional action in nine principal areas of public policy related to infertility: (1) collecting data on reproductive health; (2) preventing infertility; (3) information to inform and protect consumers; (4) providing access to infertility services; (5) reproductive health of veterans; (6) transfer…

This article discusses the constitutional amendment process. Although the process is not described in great detail, Article V of the United States Constitution allows for and provides instruction on amending the Constitution. While the amendment process currently consists of six steps, the Constitution is nevertheless quite difficult to change.…

Investigates the history of the FBI's attempts to secure authorization to track dissident political activities through the power of executive directives. (RK)

The agreement of the National Commission on New Technological Uses of Copyrighted Works (CONTU) with the legislative intent of the new copyright law, which accords copyright protection for computer data bases equivalent with the protection accorded compilations in traditional hard-copy format, includes several problem areas: (1) What copyright…